Superintendent of Insurance for Canada v. Discount and Loan Corpn. of Canada, [1939] SCR 285

Supreme Court of Canada

Superintendent of Insurance for Canada v. Discount and Loan Corpn. of Canada, [1939] S.C.R. 285

Date: 1939-06-27

The Superintendent of Insurance for Canada v. The Discount and Loan Corporation of Canada

1939: January 24, 25; 1939: June 27.

Present: Duff C.J. and Rinfret, Davis, Kerwin and Hudson JJ.

ON APPEAL FROM THE EXCHEQUER COURT OF CANADA

Appeal—Jurisdiction—Exchequer Court Act (R.S.C, 1927, c. 34), s. 83—“Actual amount in controversy” not exceeding “the sum or value of $500”—Appeal from judgment in Exchequer Court setting aside recommendation of Superintendent of Insurance imposing qualification or limitation on renewal of licence to loan company—Matter involved not susceptible of evaluation in terms of money.

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APPEAL by the Superintendent of Insurance for Canada from the judgment of Maclean J., President of the Exchequer Court of Canada[1], allowing the appeal of The Discount and Loan Corporation of Canada, the present respondent, from the recommendation or ruling of the Superintendent of Insurance, in a report made by him to the Acting Minister of Finance for Canada under the provisions of the Loan Companies Act, R.S.C., 1927, c. 28, that the licence issued under said Act to said respondent corporation, which corporation was incorporated by special Act, 23-24 Geo. V, (Dom., 1933), c. 63 (amended by 24-25 Geo. V, c. 68), be renewed with a certain qualification or limitation with regard to charges to be made for expenses in connection with loans or renewals of loans under certain provisions in respondent’s said special Act.

The facts and issues in question before the Exchequer Court are set out in the said judgment of Maclean J.1. He held that the said qualification or limitation was not justified upon the circumstances and the said special Act, and that the Superintendent was not empowered, in the facts and circumstances of the case, to refuse to respondent an unconditional licence or to impose the qualification or limitation which he did upon the grounds taken by the Superintendent; further, that the matters alleged to be contrary to respondent’s Act of incorporation were not of the character contemplated by the Loan Companies Act as a ground for refusing an unqualified licence. The ruling of the Superintendent was vacated and set aside.

On appeal to the Supreme Court of Canada, after hearing argument of counsel, the Court reserved judgment, and on a subsequent day pronounced judgment that the appeal fails for want of jurisdiction and is dismissed with costs. The following reasons were delivered:

The Court—In our opinion this appeal is precluded by section 83 of the Exchequer Court Act.

It is not shown that, in the “judicial proceeding” in the Exchequer Court out of which the appeal arises, “the actual amount in controversy” exceeds “the sum or value of $500.” We think the matter immediately and

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directly involved in the appeal to the Exchequer Court from the recommendation of the Superintendent of Insurance is not susceptible of evaluation in terms of money.

Appeal dismissed with costs, for want of jurisdiction.

S. M. Clark K.C. and Alastair Macdonald for the appellant.

L. A. Forsyth K.C. for the respondent.